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Ezhou City People's Government Rulemaking Procedures

Original Language Title: 鄂州市人民政府规章制定程序规定

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Chapter I General

Article 1 establishes procedures for regulating the regulations of the tropolitan governments of the State, improving the quality of regulations, in accordance with laws such as the Law of the People's Republic of China (hereinafter referred to as the Legislative Act), the Regulations of the Department of State (hereinafter referred to as the Regulations) and in conjunction with the actual provisions of this city.

Article 2

Article 3. The Government of the city should follow the legislative principles established in the Legislative Act and the Regulations, in line with constitutional, legal, regulatory and regulatory provisions on matters such as urban and rural construction and management, environmental protection, historical cultural protection.

In practice, regulations should be developed without repeating the provisions of the superior law; specific content, precise and operational strength.

Article IV is specifically responsible for the regulation of the existence of regulations, guidance for drafting or organizing drafting, reviewing, submitting deliberations, issuing and regulatory interpretations, among other things.

Chapter II

Article 5 shall establish regulations. The Government of the Municipalities or the People's Government (Development Zone, New Areas) is of the view that there is a need for the development of municipal government regulations, which should be presented to the city's people.

The application included the need for regulations, the relevant legal basis, the main issues to be addressed and the main systems to be established, as well as the accompanying text of the recommendations and related references.

Article 6.

The legislative imperative is not sufficient and the legislative purpose is not in line with party and national basic approaches, policies that are incompatible with the economic development of the socialist market and the transformation of government functions.

Article 7. The regulations to be developed are more controversial and the municipal rule of law institutions should organize an argument.

The hearings should be held widely among the relevant departments and personnel to fully listen to the views of the participants.

Article 8 provides a summary of the application by the municipal rule of law institutions in the fourth quarter of each year, highlighting the need for the deployment and reform, development and stability of the city's overall work, with a focus on the integration and elaboration of a workplan for the next year's regulations. The development of the regulations in the workplan is divided into consideration projects, alternative projects and research projects that are reported to be implemented after the approval of the Government of the city.

The establishment of the annual work plan for regulations and the approval of the municipal rule of law institutions should be in full consultation with the Committee on the Rule of Law of the People's Congress and the relevant specialized committees and should seek the views of the same party.

Article 9 should be developed in accordance with regulations. In accordance with the fact that there is a need for additional legislative projects, additional projects to be proposed should be complemented by the municipal authorities' rule of law institutions, followed by the approval of the Government.

Chapter III

Article 10.

The Government of the city may determine whether a department or a few sectors are specifically responsible for drafting regulations. The complexity of important projects or legal relations may be determined by drafting or organizing by the municipal authorities' rule of law bodies, or by inviting relevant organizations, experts to participate in the drafting or commissioning the drafting of the relevant organizations, experts.

Article 11. Drafting regulations should be preceded by a programme of work that clearly sets out the objectives of work, the steps taken and the requirements for work, and the drafting of a list of the coordinating groups and drafting groups of regulations.

Article 12 Drafting regulations shall be in compliance with the following requirements:

(i) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, and to provide, in conjunction with their obligations to be performed, ways in which their corresponding rights and guarantees are realized;

(ii) To reflect the harmonization of the functions and responsibilities of the executive organs and, while giving the necessary authority to the relevant executive organs, the conditions, procedures and responsibilities that should be assumed to avoid highlighting sectoral powers and interests;

(iii) Reflecting the spirit of reform, scientific normative administrative behaviour and promoting the transformation of government functions to macro-controlled, market regulation, social management and public services and the environment;

(iv) In accordance with the principle of the harmonization of the rule of law, no provision on local protection, impeding market circulation and other elements that impede fair competition shall be created;

(v) In line with the principles of simplification, harmonization, effectiveness and simplification of administrative procedures, the management measures and procedures set out should facilitate the efficiency of the work and facilitate the parties;

(vi) In line with the reality of the city, specific, clear, targeted and operational, and can effectively address practical issues;

(vii) Structural clarity, concept clarity, accuracy, language norms, symbols.

Article 13. Drafting regulations should conduct in-depth research, summarizing practical experience and widely listening to the views of the relevant organs, organizations and citizens through written and colloquiums, seminars, etc.

The content of the regulations relates to important legal issues or special professional technical issues, and the drafting sector should convene a validation meeting to hear the views of experts or other professionals involved.

The content of the regulations relates directly to the interests of citizens, legal persons and other organizations, and the drafting sector should hold hearings. There are significant differences in the content of the draft regulations and the high level of public attention, and the drafting sector should be made public to society and seek the views of the various sectors of society.

The regulations drafted in article 14 relate to the responsibilities of other sectors of the city's Government or to working closely with other sectors, and the drafting sector should fully seek the views of other sectors. The comments should be carefully studied by the relevant sector, with the advice of consent or modification, and after the signing and updating of the chapter by the main heads of the sector, they should be considered to be agreed upon in a timely manner, as requested by the drafting sector or not as required.

The drafting sector should carefully study the views expressed by the relevant departments and should be adopted; there should be sufficient consultation on the controversial observations; the main heads of the two sectors should consult on important issues; and the drafting sector should provide information and justifications when they are not agreed upon by the principal heads of the parties.

The drafting of regulations related to key issues that should be taken up by the Government of the city, such as the management system, the restructuring of functions, and the drafting sector should propose solutions to inform the Government of the city.

Article 15 Drafting regulations should be reviewed by the rule of law institutions in the drafting sector, and adopted by the drafting sector's leadership, form a draft of regulations, and be sent to the Government of the city after the signing of the main heads of the sector. The draft regulations, which were co-drafted by several departments, should be signed by the main heads of the drafting sector.

Article 16 shall be submitted to the following documents and materials when the drafting sector submits the draft regulations to the Conference:

(i) Request for review;

(ii) The text of the communication;

(iii) A drafting note on the draft text;

(iv) The original of the consultations between the relevant organs, organizations and citizens on the main issues of the delivery of the draft articles and the departments; the holding of hearings should be accompanied by a record of the hearings;

(v) The relevant legal basis;

(vi) A report on the integrity of the system; a report on the risk of social stability should also be submitted;

(vii) Other relevant materials.

Drafting notes for the drafting of a draft of regulations shall include the following:

(i) Status and main issues to be regulated;

(ii) The drafting of guidance ideas and purposes;

(iii) Major measures and their legal basis;

(iv) The status of the meetings of the relevant departments and the treatment of different views;

(v) Other issues that require clarification.

Article 18 The drafting sector should complete the drafting process and submit a review by four months prior to the consideration under the annual legislative plan; the drafting of a written report should be submitted to the Government of the city for the purpose of not completing the drafting process on time and reviewing it.

Article 19 The municipal rule of law institutions should strengthen the guidance on the drafting of regulations and be able to participate in the relevant research, validation work drafted in advance.

Chapter IV

Article 20 The municipal rule of law institutions conduct a review of the delivery of the draft by:

(i) In accordance with constitutional, legal, legal, regulatory and other regulations;

(ii) In conformity with the provisions of article 12 of the present article;

(iii) Would the different views of the relevant organs, organizations and citizens on the draft of the regulations be correctly addressed;

(iv) In conformity with the requirements of legislative technology;

(v) Other elements to be reviewed.

Article 21 contains one of the following cases, and municipal rule of law institutions may be suspended or returned to the drafting sector:

(i) Not included in the annual municipal legislative plan;

(ii) After a preliminary review, the basic conditions for establishing regulations are not ripe;

(iii) The main content is not in accordance with article 12 of this provision;

(iv) There are significant gaps in legislative technology and need to be fully adapted and modified;

(v) The main content of the draft of the regulations was largely controversial and the drafting sector was not consulted with the relevant departments;

(vi) The submission of the report shall not be in accordance with the provisions of article 15, article 16 and article 17 of the present article.

Article 2

After the receipt of the regulatory solicitation of views by the relevant departments, units and experts, careful study, discussion and timely feedback should be made. The written comments of the relevant sectors of the city, the Governments of the various regions (development areas, new areas) and the feedback from the street offices should be added to the seals of this unit. The written comments were not received after delay and were dealt with without any opinion.

Article 23 of the municipal rule of law institutions should conduct in-depth field studies on the main issues covered by the draft regulations, and listen to the views of relevant bodies, organizations and citizens at the grass-roots level.

Article 24 of the rules of procedure concerns important issues, and the municipal authorities of the rule of law should convene a colloquiums, analysts with the participation of the relevant organs, organizations and experts, to listen to the study.

The texts of the regulations relate directly to the interests of citizens, legal persons or other organizations, the existence of significant differences of opinion, the lack of public consultation by the drafting sector in the drafting process, or the holding of hearings, with the approval of the Government of the city, the municipal rule of law institutions can make requests to society or hold hearings.

Article 25 The drafting sector should cooperate actively in the review of the draft regulations.

Article 26 The rule of law institutions of the municipality should treat different views objectively and impartially in the process of reviewing the draft regulations.

Relevant bodies or departments have different views on the main measures involved in the issuance of regulations, the management system, the division of competence, and the municipal rule of law institutions should coordinate and seek consensus; there should be no agreement on the main issues of controversy, the views of the relevant departments or institutions and the views of the municipal authorities on the decisions of the people of the city.

Article 27 should carefully study the views of all parties and, in consultation with the drafting sector, amend the draft regulations, form draft regulations and review notes on the draft. The review note should include elements such as the basis and the necessaryness of the regulations, the review process, the main issues to be addressed and the identification of the main measures, consultations on major controversial issues.

Draft regulations and review notes that, following the signature of the main heads of the rule of law institutions of the municipal government, they were brought to the deliberations of the Standing Committee of the People's Government.

Chapter V Decisions, publication and documentation

The draft regulations were considered by the Standing Committee of the Municipalities.

In considering the draft regulations at the Standing Committee of the People's Government, a statement was made by the municipal authorities' rule of law institutions. The main heads of departments concerned with the content of the draft regulations are represented. There should be no re-expression of the views of the concerned authorities on which they have been harmonized.

Article 33 Changes in the draft regulations by the municipal rule of law institutions in accordance with the views considered at the Standing Conference of the People's Government of the city, forming a draft revised version of which may wish to sign.

The regulations are published by the mayor's signing of the Order of the People's Government.

After the publication of the Regulation, the Communiqué of the Government of the city and the State of the Ro State shall be published in a timely manner.

The text of the regulations published in the Official Journal of the People's Government is the standard text.

Article 32 should be implemented after 30 days of the date of publication, with the exception of national security and the non-exclusive application of regulations beyond the date of publication.

Article 33, within 30 days of the date of publication, is reported by the municipal rule of law bodies in accordance with the relevant provisions to the Standing Committee of the High-level, the Regional Commission for the Province and the People's Government.

Chapter VI Interpretation, modification and abolition

Article 34 states that:

(i) The content of the regulations requires further clarity on the specific meaning;

(ii) A new situation following the enactment of regulations requires clear application of regulations.

The regulations are interpreted by the authorities of the municipal authorities to make observations, which are published after the approval of the Government. Regulation interpretation is equally effective.

Article XV allows the municipal rule of law institutions to conduct a study on specific application issues of regulations.

In one of the following cases, the relevant administrative authorities or the municipal rule of law institutions should make proposals for amendments and repealing regulations in a timely manner:

(i) The top law on the basis of the regulations has been amended or repealed;

(ii) The main elements of the regulations are replaced by the relevant superior law or other regulations;

(iii) Significant changes in the social realities regulated by regulations;

(iv) Other cases should be amended and repealed.

The Government of the city has proposed amendments, repeals and regulations to be implemented in accordance with the relevant procedures set out in this article.

Chapter VII

The publication of the thirty-seventh Government's formal version of regulations and the editor of the foreign version is vested with the municipal rule of law institutions.

Article 33, paragraph 1, of the present article is implemented effective 1 November 2016.